Commentary on Appellant S395/2002 v Minister for Immigration and Multicultural Affairs

Abstract

The issue of refugee status and sexuality has been controversial since at least the 1980s in developed refugee receiving states. At that time, claims to refugee status on the basis of persecution suffered because of sexuality began to be examined by immigration officials, refugee tribunals and courts, raising questions for decision-makers; first, whether persecution on the basis of sexuality could even be a ground for claiming refugee status. Thankfully, by the mid-1990s, this question seemed to have been resolved affirmatively in most developed refugee receiving states, including Australia. Show more